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LVB-Odgen Marketing Corp. v. Dean

United States District Court, W.D. Washington, Seattle

May 31, 2017

LVB-OGDEN MARKETING CORPORATION, Petitioner,
v.
HENRY DEAN, as trustee of the SHARON GRAHAM BINGHAM 2007 TRUST, and PARK PLACE MOTORS, LTD., Respondents. LVB-OGDEN MARKETING CORPORATION, Plaintiff
v.
PATRICK L. MCCOURT, STEPHANIE J. MCCOURT, DAVID S. BINGHAM, SHARON BINGHAM, FRANCES P. GRAHAM, CHRISTOPHER G. BINGHAM, CHERISH BINGHAM a/k/a CHERISH BURGESS, SCOTT F. BINGHAM, KELLY BINGHAM, and BINGO INVESTMENTS, LLC, Defendants.

         C09-4518 (N.D. Ill.)

          ORDER

          Thomas S. Zilly United States District Judge

         THIS MATTER comes before the Court on petitioner LVB-Ogden Marketing Corporation's (“LVB”) motion to compel compliance with subpoenas for documents, docket no. 1. In connection with its attempts to execute a judgment obtained in the Northern District of Illinois against David Bingham, Sharon Bingham, Frances P. Graham, Christopher Bingham, Cherish Bingham a/k/a Cherish Burgess, Kelly Bingham and Bingo Investments LLC (collectively the “Judgment Debtors”), in case number C09-4518 (N.D. Ill.), LVB issued third-party subpoenas to Henry Dean, as trustee of the Sharon Graham Bingham 2007 Trust (“SGB 2007 Trust”), and to Park Place Motors, Ltd. Having reviewed the motion and all relevant filings, LVB's motion to compel compliance with LVB's subpoena to Henry Dean as trustee of the SGB 2007 Trust is GRANTED in part and DENIED without prejudice in part as follows.[1]

         Pursuant to Fed.R.Civ.P. 69(a)(2), a judgment creditor may take discovery “from any person-including the judgment debtor” as provided in the Federal Rules of Civil Procedure “or by the procedure of the state where the court is located.” Sherwin-Williams Co. v. Earl Scheib of California, Inc., 2013 WL 12073836, at 2 (S.D. Cal. Mar. 4, 2013) (emphasis in original) (quoting Fed.R.Civ.P. 69(a)(2)). When evaluating whether post-judgment discovery is appropriate, “the presumption should be in favor of full discovery of any matters arguably related to [the judgment creditor's] efforts to trace [the judgment debtor's] assets and otherwise to enforce its judgment. Id. (alteration in original) (quoting Credit Lyonnais S.A. v. SGC Intern., Inc., 160 F.3d 428, 431 (8th Cir. 1998)). With this standard in mind, the Court hereby ORDERS Mr. Dean, as trustee of the SGB 2007 Trust, to produce, within thirty-five (35) days of the date of this Order, the following non-privileged documents in his possession, custody, or control[2]:

         1. All DOCUMENTS relating to the TRUST's formation, including but not limited to trust agreements, formation documents, bills of sale, asset transfer documents, communications, and trustee employment agreements.

         2. DOCUMENTS sufficient to show all assets with which the TRUST was settled and the source from which each such asset was obtained.

         3. DOCUMENTS sufficient to identify all of the TRUST's beneficiaries at the time the TRUST was formed.

         4. DOCUMENTS sufficient to identify all of the TRUST's remaindermen at the time the TRUST was formed.

         5. All trust agreements, modifications, and addendums relating to the TRUST.

         6. DOCUMENTS sufficient to identify the TRUST's current terms.

         7. DOCUMENTS sufficient to identify anyone who has ever served as trustee of the TRUST.

         8. DOCUMENTS sufficient to identify all of the TRUST's current beneficiaries.

         9. DOCUMENTS sufficient to identify all of the TRUST's current remaindermen.

         10. DOCUMENTS sufficient to show the TRUST's current ...


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